dismissed H-1B

dismissed H-1B Case: Accounting

📅 Date unknown 👤 Company 📂 Accounting

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the proffered part-time accountant position qualified as a specialty occupation. The AAO concluded that the petitioner did not meet any of the four regulatory criteria, finding that the described duties were more aligned with a bookkeeping or accounting clerk role, which does not typically require a bachelor's degree. The decision also noted unresolved inconsistencies in the petitioner's evidence regarding company size.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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